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Coroners and Justice Bill. Lords Report stage third day. New clause (Amendment 67) debated and agreed. New clauses (Amendments 74, 75A, 75B, 81 and 90) debated and withdrawn. Adjourned.

Department
Ministry of Justice
Type
Debates on bills
Date
28 October 2009
Reference
713 c1169-230, 1243-63
House
House of Lords

93: Schedule 16, page 173, line 27, leave out paragraph (b) and insert— "(b) in paragraph (b)— (i) after "service disciplinary proceedings" insert "(other than proceedings for a member State service offence)", and (ii) for "that Act" substitute "the Armed Forces Act 2006", and" 94: Schedule 16, page 176, line...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1262-3
House
House of Lords

My Lords, Schedule 16 implements the council framework decision of July last year on taking account of convictions in EU member states in the course of new criminal proceedings. Courts will be required to treat previous convictions of other member states in the same way as previous UK convictions. To...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1261-2
House
House of Lords

My Lords, your Lordships will recall that I spoke at considerable length in Committee on this issue, and I have attempted, having regard to the time, to limit what I said tonight. However, it is unfortunate that the amendments in the Bill ensure that convictions in an EU member state...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1262
House
House of Lords

These amendments relate to powers to impose driving disqualifications and extend the principle that we have already established in Schedule 15 that time spent in prison should not erode the impact of disqualification. The provisions already contained in the Bill deal with those offenders when the court imposes both a...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1257
House
House of Lords

90A: Schedule 15, page 157, line 23, at end insert— "Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) A1 After Article 8 of the Criminal Justice (Northern Ireland) Order 1980 insert— "8A Extension of disqualification where custodial sentence also imposed (1) This Article applies where a person is...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1255-6
House
House of Lords

My Lords, the purpose of the amendments in this group is to insert in Schedule 16 the proviso that the section does not apply if the defendant can show that his or her conviction was imposed outside England and Wales and resulted from a trial that would have, if the...

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1261
House
House of Lords

90B: Schedule 15, page 158, line 38, at end insert— "(4A) If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days." 90C: Schedule 15, page 159, line 30, at end insert— "35AA Effect...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1257-60
House
House of Lords

My Lords, the noble Lords, Lord Goodhart and Lord Ramsbotham, have done us a great service by raising this issue. The noble Lords, Lord Carlile of Berriew and Lord Hylton, and my noble and learned friend Lord Mayhew have reinforced the concern that exists that we are dealing with a...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1251-3
House
House of Lords

My Lords, we return to the issue of indeterminate sentences for public protection, which the amendment seeks to abolish. The Government introduced these public protection sentences in the Criminal Justice Act 2003. They apply to offences committed on or after 5 April 2005 and are designed to deal with dangerous...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1253-4
House
House of Lords

My Lords, I am grateful to all Members of your Lordships’ House who spoke in support of the amendment. I do not agree with the noble Lord, Lord Hunt of Wirral, that IPPs should be retained but I absolutely agree with him that IPPs are only part of a wider...

Member
Lord Goodhart (Liberal Democrat)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1254-5
House
House of Lords

My Lords, the purpose of this amendment is to abolish indeterminate sentences, known as IPPs or DPPs. IPPs are indeterminate sentences which are imposed on adult criminals; DPPs are sentences imposed on the under-18s. They are very similar in their operation, and I will use IPP as a description to...

Member
Lord Goodhart (Liberal Democrat)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1248-50
House
House of Lords

My Lords, I put my name to the amendment because ever since indeterminate sentences were proposed in the 2003 Act, I have been very concerned about their practical impact. At the time, many people forecast that they would be a severe impediment on the ability of the Prison Service to...

Member
Lord Ramsbotham (Crossbench)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1250-1
House
House of Lords

My Lords, I declare an interest as the president of the Howard League for Penal Reform. I support the amendment. I do not think that I can improve on the eloquent way in which it has been proposed by my noble friend Lord Goodhart and supported by the noble Lord,...

Member
Lord Carlile of Berriew (Liberal Democrat)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1251
House
House of Lords

My Lords, I feel confident that, in the preparatory work for this amendment, the Minister will have been told the latest figure of those who have completed their tariff and yet have been unable to get through what you might call the anteroom—the need to acquire a certificate as to...

Member
Lord Mayhew of Twysden (Conservative)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1251
House
House of Lords

My Lords, I support the amendment on grounds of certainty, rehabilitation and resettlement.

Member
Lord Hylton (Crossbench)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1251
House
House of Lords

76P: Clause 78, page 46, line 3, leave out "any reasonable" and insert "whether any"

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1200
House
House of Lords

My Lords, Amendments 76P and 76Q are matters of wording more than anything else, and I do not propose to pursue them. However, I shall move Amendment 76P in order for the Government to address your Lordships on the amendments that are linked with them. I beg to move.

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1201
House
House of Lords

My Lords, Amendment 76N brings us back to the topic of special counsel, or "independent counsel" as the amendment would have it, which has featured on a number of occasions during the passage of the emergency legislation and again in this Bill. I say at once that we remain to...

Member
Lord Bach (Labour)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1198-200
House
House of Lords

My Lords, I beg leave to withdraw my amendment. Amendment 76P withdrawn. Amendment 76Q not moved. Clause 87 : Interpretation of this Chapter Amendment 77 Clause 87 : Interpretation of this Chapter Amendment 77 Moved by

Member
Lord Thomas of Gresford (Liberal Democrat)
Type
Proceeding contributions
Date
28 October 2009
Reference
713 c1201
House
House of Lords